By. Smt. Reninol Mathew, Member:-
Brief of the complaint:- On 05.02.2014 complainant purchased a pant of Rs.999/- from opposite party's shop. At the time of first wash itself the colour of the pant was fastened, immediately the complainant approached the opposite party and asked to replace the pant with a new one. On that day opposite party's Manager informed that they are ready to replace it with a new one after sending it to the manufacturer at Mumbai. Thereafter complainant approached the opposite party several times to get back the replaced pant. But instead of replacing the pant, opposite party behaved in an indecent manner, hence filed this complaint to get compensation for the mental agony and financial loss suffered by this complainant.
2. On being served opposite party appeared and version filed. Opposite party admitted the sale of the pant. Opposite party stated that after one month of sale complainant returned the defective pant to the opposite party. At the time of sale opposite party insisted the complainant that to dry wash the pant at the time of first wash. Instead of that complainant washed the pant with a local detergent, this caused the defect. Opposite party further stated that due to the mishandling and negligence of the complainant led the product defective. But they are ready to replace the pant after sending it to the manufacturer at Mumbai. It will take more than one month time to get the replaced product from the manufacturer. According to the opposite party there is no will full latches or deficiency of service from the part of them. They are ready to replace it with a new one. Thereafter the Manager of the opposite party informed the complainant that the product is ready with them but the complainant did not approached them to receive the product. Then filed this complaint to trouble this opposite party. So the opposite party prays for the dismissal of the complaint.
3. On considering the complaint, affidavit, documents and version the following points are to be considered:-
1. Whether there is any deficiency of service from the part of the opposite party?
2. Relief and Cost.
4. Points No.1 & 2:- The complainant filed chief affidavit and examined as PW1. The product in dispute was in the custody of opposite party. The cause of action arouse on 09.02.2014, immediately after the complainant entrusted the pant to opposite party but they were not returned it till 02.04.2014. Hence complainant filed this complaint on 02.04.2014. The Bill produced by the complainant is marked as Ext.A1. Opposite party is examined as OPW1. Heard both parties, opposite party submitted that now the new pant is with them, they are ready to give it to the complainant. But complainant submitted that he lost faith in opposite party's dealings, hence he wants to get the price of the pant. The defect of the pant is admitted by both the parties. The cause of action arouse within few days of purchase, so there is deficiency of service on the part of the opposite party. Moreover the opposite party is ready to replace the defective pant with a new one. So the complainant is entitled to get back the price of the pant with compensation.
In the result the complaint is partly allowed and the opposite party is directed to pay Rs.999/- (Rupees Nine Hundred and Ninety Nine Only) as cost of the defective pant along with cost and compensation of Rs.1,000/- (Rupees One Thousand Only) to the complainant. This Order must be complied by the opposite party within 30 days from the date of receipt of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 23rd day of July 2014.
Date of Filing:02.04.2014.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1. Priji. Complainant.
Witness for the Opposite Parties:
OPW1. Radhakrishnan. Floor Manager, Yes Bharath,
Sulthan Bathery.
Exhibits for the complainant:
A1. Bill. Dt:05.02.2014.
Exhibits for the opposite Parties.
Nil.
Sd/[
PRESIDENT, CDRF, WAYANAD.
